Jailing of paraplegic criticized

Appeals court hears debate over her rights

January 10, 2008|By Mike Clary Staff Writer

Victoria Sando, a paralyzed gunshot victim, remained in the Broward County jail for the 13th day Wednesday despite a flurry of legal wrangling between the state and lawyers for the county Public Defender's Office who argue that her incarceration for criminal contempt is unlawful.

"She's holding up. Anxious, but holding up," said Chief Assistant Public Defender Steve Michaelson, who noted he talks to Sando several times a day.

The skirmishing over the fate of the 55-year-old Dania Beach woman is taking place before the 4th District Court of Appeal in West Palm Beach.

Sando, who uses a motorized wheelchair and a service dog, Fudge, was ordered jailed by Circuit Judge Marina Garcia-Wood after she failed to show up for a Dec. 11 hearing on a domestic abuse complaint.

In a writ filed last week, the public defender argued that Garcia-Wood violated Sando's constitutional rights since she was never brought before a judge before being taken to jail.

"Despite the fact that the trial court was aware ... that [Sando] was a paraplegic confined to a wheelchair who has several other health issues, the trial court failed to advise [her] of the accusation against her, failed to give [her] any opportunity to show cause why she should not be held in contempt," Assistant Public Defender Sarah Sandler wrote.

Meanwhile, Sando's friends and neighbors at Estates of Fort Lauderdale have loaded her motorized wheelchair into a van and are standing by to pick up Sando if the appeals court orders her release.

"I visited her last Friday, and it was one of the saddest 45 minutes I've spent in a long time," said Donna Merritt, 69. "She's freezing, and she's very small and sickly."

In sentencing Sando to six months in jail, Garcia-Wood said that she could be released in 60 days if she completed a domestic violence course while locked up.

But the Public Defender's Office argued in an emergency petition filed last week that Garcia-Wood, a civil court judge, was wrong to order Sando to jail without giving her a chance to appear in court. Instead, sheriff's deputies rousted Sando from her home at 5:30 a.m. Dec. 28, handcuffed her and took her directly to jail.

The 4th District Court of Appeal sent the case to the State Attorney General. On Monday, Assistant Attorney General Thomas A. Palmer argued that Sando's jailing was lawful since her failure to appear could be seen as "direct criminal contempt."

Sandler answered Tuesday, saying that "the trial court has incarcerated [Sando] without due process of law" and that she "should be released immediately."

Sando was paralyzed almost 20 years ago when an ex-boss shot her five times in a Boynton Beach parking lot. The gunman then committed suicide.

In Sando's absence, Fudge and her pet rabbit, Bun, are being cared for by a neighbor.

Mike Clary can be reached at mwclary@ sun-sentinel.com or at 305-810-5026.